One moment you are packed into an uptown train during the evening rush, and the next, you are on the floor of the subway car after a sudden jolt, trying to understand what just happened to you.
Injuries from subway or other transit accidents can range from fractured bones to traumatic brain injuries. Beyond the physical toll, victims also face strict legal deadlines. Under New York law, if a public transit vehicle or MTA-controlled property caused your injuries, you have just 90 days to file a Notice of Claim or risk losing your right to compensation permanently.
What Is A Notice Of Claim And Why Is It Important
A Notice of Claim is a formal legal document that must be filed with the appropriate municipal agency before you can bring a personal injury lawsuit against a public entity in New York. It puts the transit authority on notice that you intend to pursue a claim, identifies the nature of your injuries, and describes how the accident occurred.
Claims against public authorities follow different rules than claims against private parties. In New York City transit accident cases, the relevant entities typically include the Metropolitan Transit Authority, NYC Transit Authority, or a related municipal entity. Injuries occurring on PATH train lines fall under a separate framework, with claims directed to the Port Authority of New York and New Jersey.
If your injuries occurred on commuter trains operated by the State of New York, such as the Long Island Rail Road or Metro-North, the same 90-day requirement applies.
What The Notice Of Claim Must Include
Filing a Notice of Claim is more than just sending a letter. The document must meet specific legal requirements. An incomplete filing can delay your claim or be treated as no filing at all.
A proper Notice of Claim must include:
- The name and address of the injured party
- The nature of the claim and the circumstances of the accident
- The date, time, and location where the injury occurred
- A description of the injuries sustained
- The compensation being sought, including economic and non-economic damages
Accuracy is critical. Inconsistencies between the Notice of Claim and later legal filings can be used against you by the transit authority and its legal team.
Common Transit Accidents That Trigger The 90-Day Deadline
The Notice of Claim requirement applies across a wide range of public transit accidents in New York. Situations that may give rise to a claim include:
- Bus collisions and sudden stops that injure passengers
- Subway system platform accidents, including falls caused by unsafe conditions
- Train accidents involving derailments or door malfunctions
- Slip and fall accidents inside transit stations or on government property
- Accidents involving Access-A-Ride or paratransit vehicles
- Pedestrians struck by MTA buses or vehicles on municipal property
Whether you were a passenger, a pedestrian, or a bystander, if a public transit entity was responsible for your injuries, the 90-day rule applies.
What Happens After The Notice Of Claim Is Filed
Filing the Notice of Claim starts a process, not a lawsuit. After the filing, the transit authority has the right to conduct a 50-h hearing, which is a formal examination under oath where you will be asked to describe the accident and your injuries.
The transit authority will also begin its own investigation. An experienced New York personal injury attorney can secure evidence on your behalf, including surveillance footage from buses and subway stations, medical records that document the full extent of your injuries, and witness contact information before it is lost. Preserving evidence and building the factual record immediately after the accident is critical to the strength of your claim.
The statute of limitations for filing a lawsuit against a public transit authority in New York is one year and 90 days from the date of the accident. That deadline is separate from the 90-day Notice of Claim requirement, and both must be met.
Holding NY Public Transit Accountable
Transit accidents involving public entities are procedurally complex from the first day. The 90-day Notice of Claim deadline, the 50-h hearing requirement, and the compressed litigation timeline all create obstacles that a NY personal injury attorney can help navigate from the beginning.
Morelli Law Firm represents individuals and their families injured in transit accidents throughout New York. We move quickly to meet every deadline and pursue the full compensation the law allows. Put your case in the right hands: Morelli Law Firm has recovered billions for our clients, and we are ready to work just as hard for you.
Contact Morelli Law Firm today for a free and confidential case evaluation.
